Terms Of Use

The following terms ("Terms of Use") constitute an agreement between Flipside Foods, LLC, a Minnesota limited liability company doing business as Nutty Snacks ("Nutty Snacks"), and you that governs your use of this website and all of its associated services, content and functionality. This policy applies to the website administered by Nutty Snacks ("Website"), located at http://nuttysnacks.com.

Your use of the Website constitutes your acceptance of, and agreement to the following Terms of Use. The Terms of Use apply to all Website users, including, but not limited to, viewers, vendors, customers, merchants, and contributors of content. Nutty Snacks reserves the right to modify, alter, amend, or update its Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

Purchase Policies
Nutty Snacks offers the ability to purchase its products through an online e-commerce platform hosted by Shopify. All purchase policies are described or linked to below.

Refunds and Returns
We value your business and want you to be completely satisfied with the product you receive. If your purchase has not met your expectations for any reason or if any items are damaged during shipping please contact us right away. Click on the "Contact Us" button on our information bar to send us a message. Thank you!

Products that are open will be replaced or credited to your account if postmarked within 15 days of purchase. Products that are not opened will receive a refund if postmarked within 15 days of purchase.

Please note the following:
- You must contact us for a “return authorization number.”
- Your authorization number must be clearly marked on the shipping box.
- You will need to include a copy of your sales receipt from your order.

Please send returns to the following:
Nutty Snacks
Attn: Returns
PO Box 46026
Eden Prairie, MN 55344

Nutty Snacks will not pay or credit you for shipping charges. Your return must be in the same condition you received it in. We retain the right to determine any credit, replacement or substitution of your purchase.

Product Prices
Prices for Nutty Snacks' products are subject to change without notice. Nutty Snacks will not be liable to you or to any third-party for any modification or change in a product's price

Products
Certain products may be available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange only according to the Nutty Snacks Refund Policy.

Nutty Snacks has made every effort to ensure the Website displays images of its products; however, Nutty Snacks cannot guarantee that your computer monitor's display of any color will be accurate. Additionally, Nutty Snacks reserves the right to modify its packaging at any time.

Nutty Snacks reserves the right, but is not obligated, to limit the sales of its products to any person, geographic region, or jurisdiction. Nutty Snacks may exercise this right on a case-by-case basis. Nutty Snacks reserves the right to limit the quantities of any products offered.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Nutty Snacks. Nutty Snacks reserves the right to discontinue any product at any time. Any offer for any product made on the Website is void where prohibited.

Accuracy of Billing and Account Information
Nutty Snacks reserves the right to refuse any order. Nutty Snacks may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Nutty Snacks makes a change to or cancels an order, Nutty Snacks may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Nutty Snacks reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Privacy
The Website may receive and store information that you voluntarily submit through the Website for the purpose of subscribing to the Website to receive newsletters or for the purpose of leaving comments on blog posts.

The Website uses Shopify to service its ecommerce platform. Personal information, such as name, address, and email address, is collected for purposes of order fulfillment. All data transferred through Shopify is subject to Shopify's Privacy Policy. Your data is stored through Shopify's data storage, databases, and the general Shopify application. All Shopify data is stored on a secure server behind a firewall. All personal information transferred back to Nutty Snacks from Shopify is used for order fulfillment and addressing any customer service inquiries.

If you choose a direct payment gateway to complete a purchase, Shopify will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council.

The Website may receive and store certain types of usage-related information when you interact with the Website, including, but not limited to, your computer's IP address and browser information. The information we collect is used to customize the content and/or layout of our page for each individual visitor.

The Website uses Google Analytics to track statistics regarding our audience and Website traffic. No personally identifiable information is transferred from the Website to Google Analytics. For more information on Google's Analytics privacy policies, please visit this site.
The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described above.
From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google or Facebook, in order to market the Website. These companies use cookies to serve ads based on someone's past visits to the Website. At any time, you may opt out of Google Ads by modifying your Google Ad settings.

Third-Party Use of Personal Information
The Website may provide personal information to an applicable third party in order to provide services. Currently, the Website uses the services of Mailchimp for delivery of email updates. Mailchimp's use of your personal information is subject to Mailchimp's privacy policy.

As discussed in the section above, the Website uses Shopify for its ecommerce platform. All personal information entered into Shopify will be subject to Shopify's privacy policy.

At this time, your personal information is not shared with any other third-party applications. If a new service provider is engaged, these terms will be amended accordingly.

Will the Website Share the Personal Information It Collects?
The Website will not sell, distribute, or reveal users’ email addresses or other personal information, except when required by law, without their consent.

Nutty Snacks may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

Modification or Deletion of Personal Information
You can decline to submit personal information at any time. If you decline, Nutty Snacks may not be able to continue to provide service to you. You may request deletion of your personal information by sending an email to admin@nuttysnacks.com, but in some cases, we may be required to keep your information by law. In such a case, it would no longer be active and would be kept separately in an archive.

Registration & Restricted Access
Access to certain areas of the Website may be restricted. Nutty Snacks reserves the right to restrict areas of the Website at its sole discretion.

Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password. You agree to keep your username and password confidential. If you suspect your password has been compromised, you must notify Nutty Snacks immediately at admin@nuttysnacks.com. Nutty Snacks will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Nutty Snacks or other third parties for any losses incurred due to such unauthorized use.

Nutty Snacks may disable your username and password at its sole discretion.

Nutty Snacks reserves the right to modify methods for registration and access levels of registered users from time to time.

Children's Information
The Website does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that the Website has personally-identifiable information of a child under the age of 13 in its database the, please contact us immediately admin@nuttysnacks.com and Nutty Snacks will use its best efforts to promptly remove such information from our records.
Use of the Website

Unless otherwise stated, Nutty Snacks owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:
• Republication of content from the Website, unless content is specifically and expressly made available for republication;
• Sale, rental or sub-license of any content from the Website;
• Reproduction or duplication of any content on the Website for commercial purposes;
• Modification of any content on this website, unless content is specifically and expressly made available for modification;
• Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Nutty Snacks' intellectual property rights. Such use is a limited license to republish the content, with full credit to Nutty Snacks.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Nutty Snacks' express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without Nutty Snacks' express written permission.

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website. Nutty Snacks reserves the right to terminate your use of the Website for violating any of the prohibited uses.

Copyright
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Flipside Foods, LLC or third parties and are protected by United States and international copyright laws.

Trademarks
Nutty Snacks is a trademark of Flipside Foods, LLC and is protected by United States trademark law. Nutty Snacks' trademarks and trade dress may not be used in connection with any product or service that is not Nutty Snacks', in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Nutty Snacks.

From time to time, the Website will legally utilize trademarks owned by third parties related to Nutty Snacks' products or services. These trademarks are the respective property of their owners.

Grant of Rights
You grant Nutty Snacks a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, video material and audio-visual material. This license extends to all known and future media. You also grant Nutty Snacks the right to sub-license these rights and the right to bring an action for infringement of these rights.

Prohibited Content
Any content you contribute to the site, including, but not limited to text, images, audio material, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or Nutty Snacks or a third party. Nutty Snacks reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Nutty Snacks' servers; or, (iii) hosted or published on the Website. Nutty Snacks takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Nutty Snacks' rights under the Terms of Use, Nutty Snacks does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

Communication  -- Electronic Notice
If you send Nutty Snacks an email, register to use the Website or provide your email to Nutty Snacks in any other way, you consent to receive communications from Nutty Snacks electronically. You agree that all legal notices provided via electronic means from Nutty Snacks satisfy any requirement for written notice.

Third Parties
The Website may contain links to third-party websites that are not governed or controlled by Nutty Snacks. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Nutty Snacks assumes no control or liability over the content of any third-party sites. You expressly hold harmless Nutty Snacks from any and all liability related to your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, you expressly hold Nutty Snacks harmless from any and all liability in any dispute.

Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Nutty Snacks reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order) if any information on the Website is inaccurate.

Nutty Snacks undertakes no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website has been modified or updated.

No Warranties
The Website is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. Nutty Snacks makes no representations or warranties in relation to the Website or the information and materials provided therein.

Nutty Snacks makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Nutty Snacks is not responsible to you for the loss of any content or material uploaded or transmitted through the Website.

Limitation of Liability
NUTTY SNACKS WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer
Nutty Snacks has made every effort to ensure that all information on the Website has been tested for accuracy. Nutty Snacks makes no guarantees regarding the results that you will see from using the information provided on the Website.

From time to time, the Website may discuss topics related to health, fitness, food, or recipes. All Website content is provided for informational purposes only.

You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website.

Consult a physician or medical professional before beginning any fitness program or changing your diet. Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented on the Website, you assume the risk of any potential injury that may result.

The information provided on the Website is provided "as is" without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the information provided in the Content.

Indemnity
You agree to defend, indemnify and hold Nutty Snacks, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Nutty Snacks suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

Miscellaneous
The Terms of Use will be governed and construed in accordance with the laws of the State of Minnesota. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Eden Prairie, Minnesota. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by you without Nutty Snacks' prior written consent, however, the Terms of Use may be assigned by Nutty Snacks in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Nutty Snacks. The Terms of Use may not be altered or modified except by prior written agreement by the parties. All notices with respect to the Terms of Use must be in writing and may be via email to admin@nuttysnacks.com for Nutty Snacks and to your email address.